THE DIVISIONAL FOREST OFFICER Vs. SATHEESH KUMAR

JUDGEMENT

(1.) AGGRIEVED by the order dated 21.06.2014 in C.M.A. No. 37/2009 before the Additional District Court -I, Kalpetta, Wayanad, Divisional Forest Officer has come up before this Court in revision. By the said order, the court below set aside the confiscation proceedings as far as the vehicle of the respondent is concerned.

(2.) THE facts absolutely necessary for the disposal of this petition are as follows:

(3.) THE lower appellate court on two grounds allowed the appeal. One is based on interpretation of Rule 12 of Kerala Forest (Preservation, Reproduction and Disposal of Trees and Timber belonging to Government but Grown on Lands in the Occupation of Private Persons) Rules, 1975 and the other ground was that there was sufficient materials to show that the owner had taken necessary precaution against the use of vehicle for illegal purposes. Accordingly, the order of the Divisional Forest Officer was set aside.